Stan Martin | Commonsense Construction Law LLC | April 25, 2016 Lawyers hate this question. A contractor and subcontractor, having gone back and forth on a few contract terms while the sub is performing work, reach the end of the project – or at least the end of the sub’s work – without an agreed… Continue reading The Contract Isn’t Signed, a Few Issues Remain, the Work is Done; Now What?
Tag: Construction Contract
Subcontractor Not Entitled to Payment After Refusal to Perform Disputed Extra Work
Elizabeth Wright | Robinson Cole | May 20, 2016 In the hustle and bustle of completing a construction project it can be easy to overlook the importance of the contract. However, when a dispute arises the contract generally dictates the outcome of that dispute. A recent unpublished Massachusetts Appeals Court decision serves as a reminder… Continue reading Subcontractor Not Entitled to Payment After Refusal to Perform Disputed Extra Work
Federal Court in Georgia Holds Specific Contractual Intent to Benefit Required for Tenant to Be Third-Party Beneficiary of Construction Contract
Kenneth A. Cushing | Pepper Hamilton LLP | April 21, 2016 J.C. Penney Props. v. Hiram LL, LLC, 2016 U.S. Dist. LEXIS 8027 (N.D. Ga. Jan. 25, 2016) In January 2008, Hiram LL, LLC (“Hiram”) leased property to J.C. Penney Properties, Inc. (“J.C. Penney”) for the construction and operation of a J.C. Penney retail store. … Continue reading Federal Court in Georgia Holds Specific Contractual Intent to Benefit Required for Tenant to Be Third-Party Beneficiary of Construction Contract
Yet Another Trap for the Unwary : Forum Selection – Don’t Get Dragged Across the Country
Jonathan Hausner | Construction Law Zone | April 25, 2016 Recently I came across an article that led me to a case that dealt with the seemingly innocuous and often perfunctory forum selection clause. In the case (Liddell Bros. v. Impact Recovery Sys., 2016 U.S. Dist. LEXIS 36258 (D. Mass. Mar. 21, 2016)) a highway… Continue reading Yet Another Trap for the Unwary : Forum Selection – Don’t Get Dragged Across the Country
Department of Labor’s Expansive Interpretation Of The Davis-Bacon Act Is Struck Down
Michael J. Schrier | Duane Morris LLP | April 14, 2016 In District of Columbia v. Department of Labor, No. 14-5132 (D.C. Cir. April 5, 2016), the U.S. Court of Appeals for the District of Columbia Circuit struck down the U.S. Department of Labor Administrative Review Board’s overly expansive and unsupported interpretation of that statute as… Continue reading Department of Labor’s Expansive Interpretation Of The Davis-Bacon Act Is Struck Down